61282 Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations 

the Government official specified in the 

contract for the purposes of conducting 

a background check; and 

(B) Deny access or immediately 

remove any individual(s) from the 

vessel deemed unsuitable for any reason 

by Military Sealift Command Force 

Protection personnel. The Contractor 

agrees to replace any such individual 

promptly and require such replacements 

to fully comply with all screening 

requirements. 

(ii) The head of the contracting 

activity may waive this requirement if 

the individual possesses a valid U.S. 

Merchant Mariner’s Document issued 

under 46 U.S.C. chapter 73, or a 

transportation security card issued 

under section 70105 of such title. 

* * * * * 

[FR Doc. 2011–25233 Filed 10–3–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AH21 

Defense Federal Acquisition 

Regulation Supplement; Definition of 

‘‘Qualifying Country End Product’’ 

(DFARS Case 2011–D028) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to revise the definition of 

‘‘qualifying country end product.’’ This 

final rule eliminates the component test 

for qualifying country end products that 

are commercially available off-the-shelf 

items. 

DATES: Effective date: October 4, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Amy G. Williams, telephone 703–602– 

0328. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 76 FR 32845 on June 

6, 2011, to amend the definition of 

qualifying country end product. One 

comment was received in response to 

the proposed rule. 

II. Discussion and Analysis of Public 

Comment 

Comment: The respondent stated that 

we need to define ‘‘commercially 

available off-the-shelf item’’ or reference 

the definition in the FAR, because there 

is nothing that says that the definitions 

in the FAR necessarily apply to the 

DFARS. 

Response: The DFARS implements 

and supplements the FAR (see FAR 

subpart 1.3). Unless the DFARS 

specifically makes a statement to the 

contrary, everything in the FAR is the 

basis upon which the DFARS is built. 

No change to the rule is necessary on 

the basis of this comment. 

III. Other Changes 

As a technical update, the more recent 

definition of ‘‘qualifying country’’ in 

225.003 is incorporated in two of the 

clauses changed by the final rule, rather 

than citing to the list of qualifying 

countries at 225.872–1. This has no 

practical impact, because the two lists 

contain the same countries. The 

definition was added to DFARS 225.003 

to reduce confusion, because the list at 

DFARS 225.872–1 is split into two 

paragraphs, (a) and (b), which 

sometimes leads to misinterpretation of 

the status of countries that are listed in 

paragraph (b). 

IV. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

V. Regulatory Flexibility Act 

DoD certifies that this rule will not 

have a significant impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the rule only affects 

manufacturers of COTS items in 

qualifying countries, removing an 

administrative burden for the qualifying 

country manufacturer and the 

Government personnel acquiring the 

items. No domestic entities will be 

impacted by this rule. For the definition 

of ‘‘small business,’’ the Regulatory 

Flexibility Act refers to the Small 

Business Act, which in turn allows the 

U.S. Small Business Administration 

(SBA) Administrator to specify detailed 

definitions or standards (5 U..S.C 601(3) 

and 15 U.S.C. 632(a)). The SBA 

regulations at 13 CFR 121.105 discuss 

who is a small business: ‘‘(a)(1) Except 

for small agricultural cooperatives, a 

business concern eligible for assistance 

from SBA as a small business is a 

business entity organized for profit, 

with a place of business located in the 

United States, and which operates 

primarily within the United States or 

which makes a significant contribution 

to the U.S. economy through payment of 

taxes or use of American products, 

materials or labor.’’ 

The comparable change has already 

been enacted for the benefit of U.S. 

manufacturers of COTS items. 

VI. Paperwork Reduction Act 

The rule does not impose any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under 44 

U.S.C. (chapter 35). 

List of Subjects in 48 CFR Part 252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 252 is 

amended as follows: 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 1. The authority citation for 48 CFR 

part 252 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

252.212–7001 [Amended] 

■ 2. Amend section 252.212–7001 as 

follows: 

■ a. Remove the clause date ‘‘(SEP 

2011)’’ and add in its place ‘‘(OCT 

2011)’’; 

■ b. In paragraph (b)(6)(i), remove the 

clause date ‘‘(JAN 2009)’’ and add in its 

place ‘‘(OCT 2011)’’ and in paragraph 

(b)(6)(ii), remove the clause date ‘‘(DEC 

2010)’’ and add in its place ‘‘(OCT 

2011)’’; 

■ c. In paragraph (b)(12)(i), remove the 

clause date ‘‘(JUN 2011)’’ and add in its 

place ‘‘(OCT 2011)’’, in paragraph 

(b)(12)(ii), remove the clause date ‘‘(SEP 

2008)’’ and add in its place ‘‘(OCT 

2011)’’, and in paragraph (b)(12)(iii), 

remove the clause date ‘‘(DEC 2010)’’ 

and add in its place ‘‘(OCT 2011)’’; and 

■ d. In paragraph (b)(15)(i), remove the 

clause date ‘‘(DEC 2010)’’ and add in its 


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Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations 61283 

place ‘‘(OCT 2011)’’, in paragraph 

(b)(15)(ii), remove the clause date ‘‘(JUL 

2009)’’ and add in its place ‘‘(OCT 

2011)’’, and in paragraphs (b)(15)(iii) 

and (b)(15)(iv), remove the clause date 

‘‘(DEC 2010)’’ and add in its place 

‘‘(OCT 2011)’’. 

■ 3. Amend section 252.225–7001 as 

follows: 

■ a. Remove the clause date ‘‘(SEP 

2011)’’ and add in its place ‘‘(OCT 

2011)’’; 

■ b. In paragraph (a), remove the 

number preceding each definition and 

revise the definitions for ‘‘Qualifying 

country’’ and ‘‘Qualifying country end 

product; 

■ c. In Alternate I, remove the clause 

date ‘‘(DEC 2010)’’ and add in its place 

‘‘(OCT 2011)’’ and in paragraph (a), 

remove the numbers preceding each 

definition. 

252.225–7001 Buy American Act and 

Balance of Payments Program. 

* * * * * 

(a) * * * 

Qualifying country means a country 

with a reciprocal defense procurement 

memorandum of understanding or 

international agreement with the United 

States in which both countries agree to 

remove barriers to purchases of supplies 

produced in the other country or 

services performed by sources of the 

other country, and the memorandum or 

agreement complies, where applicable, 

with the requirements of section 36 of 

the Arms Export Control Act (22 U.S.C. 

2776) and with 10 U.S.C. 2457. 

Accordingly, the following are 

qualifying countries: 

Australia, Austria, Belgium, Canada, 

Denmark, Egypt, Finland, France, 

Germany, Greece, Israel, Italy, 

Luxembourg, Netherlands, Norway, 

Portugal, Spain, Sweden, Switzerland, 

Turkey, United Kingdom of Great 

Britain and Northern Ireland. 

* * * * * 

Qualifying country end product 

means— 

(i) An unmanufactured end product 

mined or produced in a qualifying 

country; or 

(ii) An end product manufactured in 

a qualifying country if— 

(A) The cost of the following types of 

components exceeds 50 percent of the 

cost of all its components: 

(1) Components mined, produced, or 

manufactured in a qualifying country. 

(2) Components mined, produced, or 

manufactured in the United States. 

(3) Components of foreign origin of a 

class or kind for which the Government 

has determined that sufficient and 

reasonably available commercial 

quantities of a satisfactory quality are 

not mined, produced, or manufactured 

in the United States; or 

(B) The end product is a COTS item. 

* * * * * 

■ 4. Amend section 252.225–7021 as 

follows: 

■ a. Remove the clause date ‘‘(JUN 

2011)’’ and add in its place ‘‘(OCT 

2011)’’; 

■ b. In paragraph (a), remove the 

number preceding each definition, add 

in alphabetical order the definition for 

‘‘Commercially available off-the-shelf 

(COTS) item’’, and revise the definitions 

for ‘‘Qualifying country’’ and 

‘‘Qualifying country end product; 

■ c. In Alternate I, revise the clause 

date, revise the introductory text, and, 

in paragraph (a), remove the number 

preceding the definition; 

d. In Alternate II, remove the clause 

date ‘‘(DEC 2010)’’ and add in its place 

‘‘(OCT 2011)’’ and, in paragraph (a), 

remove the numbers preceding the 

definitions. 

252.225–7021 Trade Agreements. 

* * * * * 

(a) * * * 

Commercially available off-the-shelf 

(COTS) item. (i) Means any item of 

supply (including construction material) 

that is— 

(A) A commercial item (as defined in 

paragraph (1) of the definition of 

‘‘commercial item’’ in section 2.101 of 

the Federal Acquisition Regulation); 

(B) Sold in substantial quantities in 

the commercial marketplace; and 

(C) Offered to the Government, under 

a contract or subcontract at any tier, 

without modification, in the same form 

in which it is sold in the commercial 

marketplace; and 

(ii) Does not include bulk cargo, as 

defined in section 4 of the Shipping Act 

of 1984 (46 U.S.C. 40102), such as 

agricultural products and petroleum 

products. 

* * * * * 

Qualifying country means a country 

with a reciprocal defense procurement 

memorandum of understanding or 

international agreement with the United 

States in which both countries agree to 

remove barriers to purchases of supplies 

produced in the other country or 

services performed by sources of the 

other country, and the memorandum or 

agreement complies, where applicable, 

with the requirements of section 36 of 

the Arms Export Control Act (22 U.S.C. 

2776) and with 10 U.S.C. 2457. 

Accordingly, the following are 

qualifying countries: 

Australia, Austria, Belgium, Canada, 

Denmark, Egypt, Finland, France, 

Germany, Greece, Israel, Italy, 

Luxembourg, Netherlands, Norway, 

Portugal, Spain, Sweden, Switzerland, 

Turkey, United Kingdom of Great 

Britain and Northern Ireland. 

Qualifying country end product 

means— 

(i) An unmanufactured end product 

mined or produced in a qualifying 

country; or 

(ii) An end product manufactured in 

a qualifying country if— 

(A) The cost of the following types of 

components exceeds 50 percent of the 

cost of all its components: 

(1) Components mined, produced, or 

manufactured in a qualifying country. 

(2) Components mined, produced, or 

manufactured in the United States. 

(3) Components of foreign origin of a 

class or kind for which the Government 

has determined that sufficient and 

reasonably available commercial 

quantities of a satisfactory quality are 

not mined, produced, or manufactured 

in the United States; or 

(B) The end product is a COTS item. 

* * * * * 

ALTERNATE I (OCT 2011) 

As prescribed in 225.1101(6)(ii), add 

the following definition to paragraph (a) 

of the basic clause and substitute the 

following paragraph (c) for paragraph (c) 

of the basic clause: 

* * * * * 

■ 5. Amend section 252.225–7036 as 

follows: 

■ a. Remove the clause date ‘‘(DEC 

2010)’’ and add in its place ‘‘(OCT 

2011)’’; 

■ b. In paragraph (a), remove the 

numbers preceding the definitions and 

revise the definition for ‘‘Qualifying 

country end product’’; 

■ c. In Alternate I, revise the clause 

date, revise the introductory text, and, 

in paragraph (a), remove the number 

preceding the definition; and 

■ d. In Alternates II and III, remove the 

clause date ‘‘(DEC 2010)’’ and add in its 

place ‘‘(OCT 2011)’’ and in paragraph 

(a), remove the numbers preceding the 

definitions. 

252.225–7036 Buy American Act—Free 

Trade Agreements—Balance of Payments 

Program. 

* * * * * 

(a) * * * 

Qualifying country end product 

means— 

(i) An unmanufactured end product 

mined or produced in a qualifying 

country; or 

(ii) An end product manufactured in 

a qualifying country if— 


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61284 Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations 

(A) The cost of the following types of 

components exceeds 50 percent of the 

cost of all its components: 

(1) Components mined, produced, or 

manufactured in a qualifying country. 

(2) Components mined, produced, or 

manufactured in the United States. 

(3) Components of foreign origin of a 

class or kind for which the Government 

has determined that sufficient and 

reasonably available commercial 

quantities of a satisfactory quality are 

not mined, produced, or manufactured 

in the United States; or 

(B) The end product is a COTS item. 

* * * * * 

ALTERNATE I (OCT 2011) 

As prescribed in 225.1101(11)(i)(B), 

add the following definition to 

paragraph (a) and substitute the 

following paragraph (c) for paragraph (c) 

of the basic clause: 

* * * * * 

[FR Doc. 2011–25234 Filed 10–3–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 0907271173–0629–03] 

RIN 0648–XA701 

Accountability Measures and Reduced 

Season for the South Atlantic 

Recreational Sector of Golden Tilefish 

for the 2011 Fishing Year 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule. 

SUMMARY: NMFS implements 

accountability measures (AMs) for the 

recreational sector of golden tilefish in 

the South Atlantic for the 2011 fishing 

year through this temporary final rule. 

This rule reduces the length of the 2011 

recreational fishing season for golden 

tilefish based on the 2010 recreational 

annual catch limit (ACL) overage, and as 

a result closes the recreational sector. 

This action is necessary to reduce 

overfishing of the South Atlantic golden 

tilefish resource. 

DATES: This rule is effective October 6, 

2011 until 12:01 a.m., local time on 

January 1, 2012. 

ADDRESSES: Copies of the final rule for 

Amendment 17B, the Environmental 

Assessment for Amendment 17B, and 

other supporting documentation may be 

obtained from Catherine Bruger, NMFS, 

Southeast Regional Office, 263 13th 

Avenue South, St. Petersburg, FL 33701; 

telephone: 727–824–5305. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bruger, telephone: 727–824– 

5305, fax: 727–824–5308, e-mail: 

Catherine.Bruger@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic is managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). Golden tilefish are 

managed under this FMP. The FMP was 

prepared by the South Atlantic Fishery 

Management Council and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

Background 

The 2006 reauthorization of the 

Magnuson-Stevens Act implemented 

new requirements that ACLs and AMs 

be established to end overfishing and 

prevent overfishing from occurring. 

AMs are management controls to 

prevent ACLs from being exceeded, and 

to correct or mitigate overages of the 

ACL if they occur. 

On December 30, 2010, NMFS issued 

a final rule (75 FR 82280) to implement 

Amendment 17B to the FMP 

(Amendment 17B). Amendment 17B 

established ACLs for eight snappergrouper species in the FMP that are 

undergoing overfishing, including 

golden tilefish, and AMs to be 

implemented if these ACLs are reached 

or exceeded. 

The recreational ACL for golden 

tilefish, implemented through 

Amendment 17B, is 1,578 fish. In 

accordance with regulations at 50 CFR 

622.49(b)(1)(ii), if the ACL is exceeded, 

the Regional Administrator (RA) will 

publish a notice to reduce the length of 

the following fishing season by the 

amount necessary to ensure landings do 

not exceed the recreational sector ACL 

in the following fishing year. 

Additionally, in accordance with these 

regulations, the recreational landings 

are evaluated relative to the ACL as 

follows: For 2010, only 2010 

recreational landings will be compared 

to the ACL; in 2011, the average of 2010 

and 2011 recreational landings will be 

compared to the ACL; and in 2012 and 

subsequent fishing years, the most 

recent 3-year running average 

recreational landings will be compared 

to the ACL. Therefore this temporary 

final rule is being implemented based 

on an evaluation of golden tilefish 

recreational landings for the 2010 

fishing year. 

Finalized landings data from the 

NMFS Southeast Fisheries Science 

Center indicate that the recreational 

golden tilefish ACL was exceeded by 

2,805 fish in 2010. Therefore, this 

temporary rule implements an AM to 

reduce the fishing season for the 

recreational golden tilefish component 

of the snapper-grouper fishery from 

October 6, 2011 until January 1, 2012. 

As a result of this reduced season, the 

recreational sector for golden tilefish 

will be closed effective 12:01 a.m., local 

time October 6, 2011. 

The 2012 recreational fishing season 

for golden tilefish will begin on January 

1, 2012, through December 31, 2012, 

unless AMs are implemented due to an 

ACL overage and a reduced fishing 

season is specified through notification 

in the Federal Register. 

Commencing 12:01 a.m., local time on 

October 6, 2011, the bag limit and 

possession limits specified in 50 CFR 

622.39(d)(1)(ii) and (d)(2), respectively, 

are zero and apply to all recreational 

harvest or possession of golden tilefish 

in or from the South Atlantic exclusive 

economic zone. 

Classification 

The Administrator, Southeast Region, 

NMFS, (RA) has determined this 

temporary rule is necessary for the 

conservation and management of the 

South Atlantic golden tilefish 

component of the South Atlantic 

snapper-grouper fishery and is 

consistent with the Magnuson-Stevens 

Act and other applicable laws. 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

comment. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive the requirements 

to provide prior notice and opportunity 

for public comment on this temporary 

rule. Such procedures are unnecessary 

because the AMs established by 

Amendment 17B and located at 50 CFR 

622.49(b)(1)(ii) have already been 

subject to notice and comment and 

authorize the AA to file a notification 

with the Office of the Federal Register 

to reduce the duration of the 

recreational fishing season the following 

fishing year if an overage occurs in the 

prior fishing year. All that remains is to 

notify the public of the reduced 

recreational fishing season for golden 

tilefish for the 2011 fishing year. 


sroberts on DSK5SPTVN1PROD with RULES